Judge: Zephyr Teachout, Cuomo's primary opponent, stays on the ballot

A challenger to Gov. Andrew Cuomo will remain on the Democratic primary ballot this fall, according to a decision by the state Supreme Court.

Cuomo's campaign had challenged whether Fordham Law Professor Zephyr Teachout had been a resident of the state for the previous five years, a requirement to run for governor. But Supreme Court Justice Edgar Walker on Monday sided with Teachout, ruling that Cuomo's supporters couldn't prove Teachout had established a permanent residence elsewhere.

""Petitioners adduced insufficient proof that New York was not Ms. Teachout's "residence" as that term is defined in the Election Law commencing on June, 2009, or at any point thereafter," Walker wrote in a 12-page decision.

The decision means Teachout will be able to proceed with her primary challenge, though Cuomo election attorney Martin Connor can appeal the ruling. Political activist and comedian Randy Credico will also be on the ballot for the Sept. 9 primary.